Khalifa Hirbaye Bulo v First Community Bank Limited & Another [2017] KEELC 2939 (KLR)
- Court
- Environment & Land Court
- Case number
- 2939
- Citation
- [2017] KEELC 2939 (KLR)
- Decided
- 12 May 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a final orderCoramO.A. ANGOTE, J.O. OLOLA
Holding
The Plaintiff’s Application dated 30th May, 2016 is dismissed with costs.
Facts
The Plaintiff, Khalifa Hirbaye Bulo, applied for the return of his title deed after a discharge. The Plaintiff claimed that the 2nd Defendant, Issack Mohamed Abdirahman, retained his documents and charged the land without his consent.
Issues
- Whether the Plaintiff has established a prima facie case with chances of success.
- Whether the Plaintiff can raise the defense of 'non est factum'.
Reasoning
The Plaintiff has not explained why he signed the documents he purports he did not read, and has not raised the issue of whether he is illiterate or under some kind of incapacity when he signed the documents. The Plaintiff cannot raise the defense of 'non est factum'.
Outcome
Appeal dismissed
Orders
- Application dated 30th May, 2016 dismissed with costs.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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